Introduction
This Master Terms of Service (“Terms”) is an agreement between “XCrawl” (https://xcrawl.com/) and you or the entity you represent (“Customer”). This Agreement is effective when you register with XCrawl. If earlier , then when you access or use the XCrawl Services (defined below) (the “Effective Date”). If you are using the XCrawl Services on behalf of an entity, you represent to us that you are legally able to enter into this Agreement on behalf of Customer. By accessing or using the Platform and clicking 'I Agree', you are indicating your acceptance to be bound by this Agreement and the Privacy Policy. We reserve the right to modify the Terms of Use or Privacy Policy without further notice to you. You can review the latest version of the Agreement on our website. You acknowledge and assume responsibility for reviewing these terms and conditions from time to time to ensure that you are aware of the current rules and obligations. Your continued use of the Platform or this Agreement after any amendments have been made shall constitute your unconditional and irrevocable acceptance of all such changes. Please note that there are arbitration and class action clauses that may affect your rights. If you do not agree to the Terms of Use or Privacy Policy, please stop using our Platform immediately.
License to access and use the system
1.Create account
1.1 If you want to use the Services, you must register in the System by filling in the Registration Form and providing the necessary information/confirmations. After completing all steps, you will be able to use your user account ('Account').
1.2 When using the System, the Client should allow the use of cookies by customizing preferences or allowing all cookies. The Client must read the terms and conditions applicable to the cookies used by the Company to provide services and properly use the System.
1.3 The Client must accept the Agreement, the Privacy Policy and any other rules governing the Service/System (if any). In order to properly provide certain services, the Company reserves the right to require you to verify your identity or any information provided (for example, verifying your mobile Phone number). All verifications shall be performed in accordance with the rules set out in the Privacy Policy.
1.4 The Company reserves the right to request that you resubmit or update any data required to create an account/order the Services. Such requests may be made on a regular or ad hoc basis at any time, at the Company’s discretion.
1.5 By creating an account, the Client declares that the information provided to the Company is true, complete, valid, up-to-date and that the Client is the owner/has a legitimate reason to use the said resource. For the avoidance of doubt, the Client confirms using his/her own (his/her representative's) email address, telePhone number, residential address, using his/her own bank account to pay for the Services, etc.
1.6 Accounts can be created for personal and business use by natural persons and legal entities represented by natural persons, respectively. However, the Customer may not share its login credentials with any third party or unauthorized person. The Account is for own use only and cannot be used to use the Services on behalf of other individuals or entities.
1.7 As a preventive security measure, the Company recommends that every Client use a two-factor authentication identification component (“2FA”).
2.Permission to use the system
XCrawl will provide any services detailed in this Agreement or otherwise provided on the XCrawl Platform (the 'Services') to Customer in accordance with the provisions of this Agreement, including XCrawl 's Service Level Agreement (if applicable). XCrawl has the right, but not the obligation, to monitor Customer's use of the Services for billing purposes and to verify any misuse or network abuse. XCrawl may share relevant information about Customer with any authority in the event of a complaint, investigation, or litigation if XCrawl determines that it is necessary to comply with any subpoena, judicial or governmental request or order. Certain Services will be provided after XCrawl has successfully completed the Customer's compliance review process. Such review may include a 'know your customer' process, a video call with the Customer, and any other measures XCrawl deems necessary, in its sole discretion, to approve the Customer's use of the Services. Customer will cooperate with XCrawl and provide it with any information reasonably requested during the compliance review process.
Suspend service and remove account access
XCrawl may decide at its sole discretion to suspend a customer's use or registration of the Services if any of the following points are involved :
1. To XCrawl or its services or any third party.
2. Could adversely affect XCrawl or any of its customers, including causing users to be blocked from accessing certain websites, networks or services.
3. May expose XCrawl , its affiliates, or any third party to liability, or violate any applicable laws or regulations.
4. May be fraudulent.
5. May disparage or discredit the reputation or goodwill of XCrawl .
6. The Client violates this Agreement:
6.1 This includes defaults on payment obligations by customers.
6.2 The Customer has breached any of its representations and warranties under this Agreement.
6.3 Of any other representations and warranties provided to XCrawl in connection with Customer's use of the Services .
Customer warranties and representations
1.Customers to XCrawl warranties, representations and undertakings:
1.1 We acknowledge that the Services may only be used by individuals who are 18 years of age or older and at least the legal age permitted in the applicable jurisdiction. Customer represents and warrants that, if Customer is an individual, it has reached such legal age. Customer further acknowledges that XCrawl may require proof of age as a condition of providing the Services.
1.2 If use of the Services will involve any Personal Information which is intended to be processed by XCrawl as a “Processor” (as defined in applicable privacy legislation), the provision of the Services will also be subject to the Data Protection Addendum.
1.3 The Client will be solely responsible for any actions it performs based on the use of the Services.
1.4 It is the Customer's responsibility to protect their personal username and/or password to the Services. The Customer may not share their account privileges with anyone and may not knowingly allow any unauthorized access to the Services. If sharing is detected, the account of the person in question will be disabled.
1.5 Customer shall not use the Services in violation of applicable laws or regulations or any third party rights (including intellectual property rights), or in any manner or for any purpose other than as set out in the intended use case (if applicable) provided to XCrawl .
Specific terms of agency services
1.When using the proxy services, the client shall not use the services to
1.1 Distribute cracks, warez, ROMs, viruses, adware, worms, Trojan horses, malware, spyware or any other similar malicious activities and products, or any other computer code, files or programs designed to interrupt, hijack, destroy, limit or adversely affect the functionality of any computer software, hardware, network or telecommunications equipment.
1.2 Causing its targeted users to be unable to use any network resources, including but not limited to through 'Denial of Service (DoS)' or 'Distributed Denial of Service (DDoS)' attacks.
1.3 Distribute any illegal content or encourage any illegal activity.
1.4 Cause any damage to or interruption of service to any third party computers or services.
1.5 Enhance or operate services that compete with the Services, or assist any other party in doing so.
1.6 Access, attack, crawl, or attempt to access any website, application, or system related to financial transactions, banking, securities, cryptocurrency exchanges, etc.
1.7 Access, disseminate, or participate in any content or activities involving pornography, gambling, drugs, violence, or other content that violates public morals, laws, or regulations.
1.8 Conduct any unauthorized scraping, collection, or use of data, especially content involving personal privacy, sensitive data, or protected information.
1.9 Engage in any illegal or criminal activity, such as money laundering, theft of trade secrets, or theft of personal information.
2. Not to use any other system, product or service that infringes XCrawl 's patents and other intellectual property rights.
2.1 Without the prior written authorization of XCrawl .
2.2 Without XCrawl's prior written approval, you are not allowed to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify or create derivative works of the Service or any part of the Service provided by XCrawl , including but not limited to using the Service to map the IP addresses used by XCrawl in providing the Service. For clarification, the IP addresses used as part of the Service provision are personal and confidential information and any unauthorized use of such information is strictly prohibited and may be considered a violation of applicable laws and/or third-party rights.
3. Specific terms for data services
When using the Data Services, Customer may not distribute, transmit, copy, publish, license, transfer or sell any Data to offer similar or competing products.
Risk
As a customer, you acknowledge that you understand and accept the following risks associated with using the System and Services. Without limiting these examples, you acknowledge that you understand the inherent risks described above and below:
1. Risk of Software or Other IT Weaknesses: There is no guarantee or warranty that the use of the System and/or Services will be uninterrupted or error-free, and there is an inherent risk that software and related technologies and theories may contain weaknesses, vulnerabilities or vulnerabilities.
2. Regulatory Risk: Some legal systems may apply existing regulations or introduce new regulations that may negatively impact the current setup of the System and the use of the System and/or Services. The Company will make every effort to comply with and remain compliant with all forms of applicable regulations. However, it is the Client's obligation to ensure that its use of the System/Services complies with applicable laws.
3. Risk of Theft and Internet Vulnerabilities: The underlying software applications and software platforms, other software involved, other technology components and/or platforms may be subject to electronic or physical attacks that could impair the ability to develop, implement or use the System and/or Services.
4. Tax Risks: The tax consequences of using the System/Services may have tax implications at the client level; therefore, you should consult your own tax advisor regarding the tax consequences associated with the System/Services.
Third Party and Other Disclaimers
1. The Company may use or provide access to third parties at its sole discretion to provide services such as payment processing, user registration, etc. The Client acknowledges and understands that the Client’s data may be disclosed to such third-party service providers in order to ensure proper use of the system and provision of services. You can view a list of the main service providers contracted by the Company in the Privacy Policy.
2. The use of third-party services is subject to the third party's terms of service. Client acknowledges and understands that Company is not responsible for the provision of such services, nor for the data processing performed by such third parties, and any and all disputes relating to third-party services shall be resolved directly between Client and the applicable third party.
3. Any links on the System to third-party websites are provided solely as a convenience to you. If you access those links, you will leave the System. The Company does not endorse or make any representations regarding such third-party websites, and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements posted on those websites.
4. The information on the System, including the System blog section accessible through https://xcrawl.com/ , is not promised or guaranteed to be correct, current or complete, and the System may include technical inaccuracies or typographical errors. Therefore, if in any doubt, you should confirm the accuracy and completeness of all posted information before making any decision related to any service.
Disclaimer
XCrawl provides the services and any accompanying data for use on an 'as is' basis and expressly disclaims any and all representations and warranties, express or implied, as to the condition, value or quality of the services or any accompanying data, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, non-infringement, security, accuracy, lack of viruses or any defects therein, or warranties arising from a course of dealing, usage or trade practice. XCrawl further expressly disclaims that use of the services will be continuous, uninterrupted or error-free or that any information contained therein will be accurate or complete.
Contact us
For any questions or concerns about this Privacy Policy or your personal data, please contact us:
Company Name: KOINET TECHNOLOGY CO., LIMITED